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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
M.S.JAWALKAR, NANDESH S.DESHPANDE
Amitkumar Madhusudan Bagdia – Appellant
Versus
Shritika Amitkumar Bagdia – Respondent
JUDGMENT :
NANDESH S. DESHPANDE, J.
1. The present appeal is filed under Section 19 of the Family Courts Act, challenging the judgment dated 18.08.2023 in Petition No. A-98 of 2021, which was dismissed by the Family Court at Akola. The present appeal was admitted by this Court on 04.10.2023. Thereafter, we have heard the appeal and also gone through the record of the matter with the assistance of learned counsels appearing for the respective parties.
2. The husband, i.e., the appellant herein, filed a petition seeking decree of divorce against the wife, i.e., the respondent herein, on the ground of cruelty and disorder or unsoundness of mind, as contemplated under Section 13(1) (i-a) and 13(1)(iii) of the Hindu Marriage Act, 1955 (hereinafter referred to as the ‘Act of 1955’).
3. Facts as emerging from the petition and from the judgment of the Family Court are as under:-
(a) The marriage between the parties was solemnized on 09.03.2019. The said marriage was an arranged marriage performed with the consent of the parties and also their relatives. It is further stated in the petition that the appellant husband and the respondent wife, met for the first time in November 2018 for the purpos
Divorce on cruelty granted despite withdrawing unsoundness ground; admitted WhatsApp messages prove irrational conduct without S.65B certificate in family court; condonation requires voluntary resump....
The judgment emphasizes the need for conduct to be 'grave and weighty' to constitute mental cruelty for divorce, and the impact on the wronged party's ability to continue the matrimonial relationship....
Mental cruelty, as defined under Hindu Marriage Act, can irreparably damage the trust and respect in marriage, providing sufficient grounds for divorce even without physical violence.
Cruelty in matrimonial relationships can be inferred from sustained neglect and false allegations, entitling a spouse to divorce under Hindu Marriage Act.
The main legal point established in the judgment is the application of the concept of mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and the consideration of irretrievable b....
Cruelty as a ground for divorce under the Hindu Marriage Act requires substantial proof, which was not established in this case.
Point of Law : Once parties have separated and the separation has continued for a sufficient length of time and one of them has presented a petition for divorce, it can well be presumed that marriage....
Divorce – Cruelty may be mental or physical – It may be intentional or unintentional – It is a matter of inference to be drawn by considering nature of conduct and its effect on complaining spouse.
The court held that prolonged separation and actions causing mental anguish, including false accusations, constitute sufficient grounds for divorce under the Hindu Marriage Act.
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